Calfire Zone 0 Workshop: Proposed edits to the October Plead

Wildfire defense ⊃ EMBER
1

On November 10, 2025, HelpBerkeley.org and its partners suggested a number of edits to the October Plead to the CalFire Zone 0 Committee.

If you want to write a support letter to the Committee: Model letter to the CalFire Zone 0 Committee: Dec 8 meeting - Berkeley Firewise

Many edits we proposed addressed small details and are not mentioned below. We proposed the following significant edits [their rationale and exact details are listed below]:

All edits are listed in detail below.

Model letter to the CalFire Zone 0 Committee: Dec 8 meeting
3

Accessory structures within Zone 0
Allow Accessory Structures partially within Zone 0 to be made a part of the primary Structure, so as to save possibly tens of thousands of dollars to property owners

We found an important issue with the way the present regulation deals with structures that are not Buildings or Structures: we know, from the assessment work that we do in the SF East Bay, that many of them are found partially within Zone 0. For instance, many homes include, partially within Zone 0 but often not directly attached to the Structure, decks, stairs, hot tubs, patios etc. The way the existing regulations are written, if these structures (which we defined below as Unroofed Accessory Structures) are partially within Zone 0 and built in part of Combustible materials, they would have to be removed from Zone 0 altogether. The cost per house could run into tens of thousands of dollars. Our defensible space assessment programs in the East Bay have run into many tens of houses (a significant percentage of properties) where this would be the case. We think that the percentage of affected properties would be higher in Southern California, even if only considering hot tubs and unattached decks and stairs.

Therefore, over the next few lines, we proposed an edit that allows them to be treated as a part of the main structure, meaning that (a) they do not need to be removed, and (b) Zone 0 extends around their perimeter.

In addition, these structures, unless they are wholly made of non-Combustible materials, when standing alone in other parts of the property, need to carry their own Zone 0. We included an edit to that effect as well.

/—

Add after definition (a)

Accessory Structure: For the purpose of Section 1299, A structure that is accessory to and incidental to that of the primary structure, is located on the same lot, and is neither a “Building or Structure” nor an Outbuilding. They include, but are not limited to, stairs, patios, hot tubs, decks, pergolas, or gazebos.

Change definition (b) from

(b) Building or Structure:. Anything constructed that is designed or intended for support, enclosure, shelter, or protection of persons, animals, or property, having a permanent roof that is supported by walls or posts that connect to, or rest on the ground. A Building or Structure, for the purpose of an ember-resistant zone, includes an attached deck.

to

(b) Building or Structure:. Anything constructed that is designed or intended for support,
enclosure, shelter, or protection of persons, animals, or property, having a permanent roof that is supported by walls or posts that connect to, or rest on the ground. A Building or Structure, for the purpose of an ember-resistant zone, includes an attached deck. Accessory Structures, when found partially or fully within the Zone 0 of a Building or Structure, unless fully built of non-Combustible materials, shall be considered a part of such Building or Structure for the purpose of an ember-resistant zone. A standalone Accessory Structure shall be treated as a Building or Structure for the purpose of an ember-resistant zone, unless it is entirely built of non-Combustible materials.

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4

Shrub and Tree Definitions
Add definitions for Shrub and Tree

Multiple public comments mentioned the need to define shrubs and trees. If the Committee wishes to add such definitions, we are including the following definitions, which are derived from the Bureau of Land Management’s Glossary of Terms for the United States National Vegetation Classification. We did not find equivalent definitions within official California codes (or we would have provided them instead).

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Add the following definitions after definition (g)

(h) Shrub: For the purpose of the present Section 1299, a Shrub is a woody plant with multiple stems arising near the base that generally give it a bushy appearance, typically less than fifteen feet (15 ft) in height at maturity.
(i) Tree: For the purpose of the present Section 1299, a Tree is a woody plant having a single main stem or trunk, or few large trunks, that generally forms a distinct crown of foliage and typically reaches a height of more than fifteen feet (15 ft) at maturity.

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5

New buildings excluded from Defensible Space requirements
Delete the section excluding new buildings from defensible space requirements, which makes it impossible for local jurisdictions to enforce Zones across property lines as the law allows them to.

The section below is already covered by the property line limitation for the validity of Zone 0, 1 or 2—in this case it is moot.

When a local jurisdiction does override the property line limitation, as is its right under AB3074, the section below would make enforcement exceedingly complex and difficult, since it would then compel both residents and enforcement agencies to keep track of every building built by construction date. The oldest building would not have to respect Zone 0 or Zone 1 requirements from any other building. The second oldest would need to respect Zone 0 or Zone 1 regulations from the oldest building, but not the others, etc. This would lead to many difficult situations, where respect of zones would not be reciprocal for buildings built near each other. For instance, if Buildings A and B are built within 8 feet of each other on either side of the property line, but Building A was built first, landowner B would need to enforce Zone 0 and Zone 1 from Building A, but landowner A would need to enforce neither Zone from Building B.

It may be possible, in fact, that, according to AB3074, the allowance on making regulations stricter will allow a local jurisdiction to override the section below as well—a confusing legal situation for the future.

Furthermore, it is the responsibility of the zoning department of a local jurisdiction to determine where to appropriately build buildings, structures, and ADUs. The fire marshal should not preempt the decisions of the zoning department by making specific locations indefensible from wildfire.

Therefore, since, for the primary case of local jurisdictions not overriding property lines, this clause is already moot, we propose taking it out altogether.

/—

Delete the following subsection under § 1299.03.a.

For the purposes of compliance with defensible space requirements, the addition of any building, including an Accessory Dwelling Unit as defined in Gov Code section 66313, on a neighboring property shall not require a landowner to create additional defensible space on their property and shall not result in that landowner being found to be out of compliance with defensible space regulations.

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6

Combustible materials in Zone 0
Correct an error in all vegetation options, which accidentally allows use of combustible materials in Zone 0

The last edit cycle now accidentally allows, in Zone 0, Combustible materials that are not landscaping materials, such as cushions, plastic containers or wood furniture. We are providing here a clean solution that fixes this problem in the first sentence of each option.

/—

Replace, in the language for each option, the first sentence

Except for trees, no landscaping materials that are likely to be ignited by embers are permitted.

By

Except for trees, no Combustible materials are permitted.

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7

Option 2: Ground cover
Add language to Option 2 to make it enforceable by local Fire Departments

The existing exception below (ground cover) is based on some scientific evidence, but makes it impossible for local jurisdictions to enforce it in an effective manner. We are proposing below language that makes it acceptable for enforcement by fire departments.

(A) The ground cover should not be woody;
(B) Local jurisdictions need to be able to take into account the history of the existing property owner with respect to their landscape maintenance, without having to maintain enormous records on each house: authorization should be discretionary, and include violation history;
(C) The type of siding is important to consider if burnable vegetation is brought close to the walls: only non-Combustible siding should be considered;
(D): Fire departments cannot inspect properties 12 times per year. The type of ground cover allowed should not not grow beyond 4”on its own;
(E): Fire departments should be allowed the right to require ground cover within Zone 0 to belong to specific lists of plants that they decide are locally acceptable;
(F): Even with non-Combustible siding, there are weaknesses at the bottom of the siding. For instance, many types of stucco include an air gap or weep screed at the very bottom of the siding that exposes Combustible materials behind the stucco layer. In fact, many older homes do not satisfy the 6” ground-level non-Combustible foundation/siding requirement, and the base of the siding often carries weaknesses where it meets with the foundation. It is therefore important to maintain a non-Combustible space between the ground cover and the actual siding of the house. Based on flame science, we used 5x the height of the ground cover as a width.

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Change Exception B in Option 2 from

(B) Exception: Well-maintained plants under four (4) inches tall are allowable if they are not directly beneath, above, or in front of a window, glass door, or vent, or under eaves.

To

(B) Exception: The fire marshal may, at their sole discretion, allow a resident to grow non-woody ground cover under four inches (4”) tall within Zone 0, provided that

  • ground cover is grown in areas that are not directly beneath, above, or in front of a window, glass door, Combustible siding, or vent, or under eaves;
  • the ground cover is well maintained throughout the year;
  • the resident has not been fined for uncorrected violations of present Section 1299 in the previous three (3) years;
  • the ground cover does not need regular cutting or mowing in order to remain under four inches (4”) tall;
  • the ground cover belongs to a list, kept by the fire marshal, of ground covers authorized for Zone 0, if such a list is being kept; and
  • the resident maintains, between the ground cover and the Structure, non-Combustible hardscape material other than bare soil, to a width of no less than five (5) times the height of the ground cover or one foot (1 ft), whichever is greater.

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8

Local ordinance tree exception
Edit the local ordinance tree exception to avoid local jurisdictions’ abuse of the existing wording

As worded, the present exception below (trees protected by a local ordinance) allows a blanket local ordinance aimed at voiding the present regulations to simply prevent all trees in Zone 0 from being managed as intended by the present regulation. We propose a slight alteration of the clause to make sure that such a blanket prohibition is not possible.

/—

Replace the existing exception

(B) Exception: this subdivision does not apply to single specimens of trees or trees protected by local ordinance that are well-pruned and maintained so as to effectively manage fuels and fuel ladders, as provided in Public Resources Code Section 4291.

by

(B) Exception: this subdivision does not apply to single specimens of trees or trees protected by local ordinance that are well-pruned and maintained so as to effectively manage fuels and fuel ladders, as provided in Public Resources Code Section 4291. This exception does not apply to local ordinances that substantially exempt all trees within Zone 0.

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9

Replacement fence sections
Disallow the use of replacement combustible fence sections in the future

The existing wording below allows residents to replace existing sections of Combustible fences. This is the same problem that has plagued the regulations on wood shingled roofs: they allow partial replacement, and people, for many tens of years, have replaced them in sections over several years, the result being that they are still in place tens of years after the sunsetting regulation.

Below we propose a simple addition that would resolve this issue.

/—

Replace

(5) Fences that are directly attached to a Building or Structure shall have a five foot (5 ft) non-Combustible span at the point of attachment. After the effective date of this regulation, no new Combustible fences are permitted within five feet (5 ft) of a Building or Structure including an attached deck.

by

(5) Fences that are directly attached to a Building or Structure shall have a five foot (5 ft) non-Combustible span at the point of attachment. After the effective date of this regulation, no new or replacement Combustible fences are permitted within five feet (5 ft) of a Building or Structure including an attached deck.

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10

Continued use of Combustible fences in Zone 0
If the Committee decides to allow continued use of combustible fencing in Zone 0, propose a least-harm clause for the purpose. Note: we are providing here the final version, after our original one was amended by our later report to the Committee on fences

Combustible fences are one of the primary means (possibly THE primary means) of fast wildfire propagation within a block (see, for instance, Maranghides’s past presentation, video and discussion to the Committee, including within the chat discussion). They are dangerous to the degree that several past presenters to the Committee (e.g. Ventura County Asst Fire Marshal and others) have proposed extending the prohibition on Combustible fences to some portions of Zone 1.

On the other hand, it is the experience of the Firewise groups in Berkeley, which include many houses in process of implementing both Zone 0 and Zone 1, that, in the general case, the most expensive part of implementation is the replacement of artistic gates near the Structure. While it is possible to replace a gate for $300-$600, matching the existing aesthetics of structures, fences and gates typically leads to costs of $5,000 or more per metal gate.

Among commenters who have spoken either in-person or by video in the past four meetings, there has been universal support among both supporters and opponents of strict Zone 0 for the removal of Combustible fences within Zone 0. This may be the only topic, along with plant debris, for which there has been universal support.

After consultation with wildfire scientists and firefighters, we believe that only way to safely allow wood gates and fences in Zone 0 would be by allowing fences with gates attached to a structure (or, more generally, any fence attached to a structure) to replace a five foot (5 ft) Combustible section with metal further away from the house (because a section of fence is much cheaper to replace than a gate). To preserve the integrity of Zone 0, we would need to require the portion of the fence that remains Combustible near the Structure to be surrounded by its own Zone 0 until it reaches its non-Combustible span. It would be treated similarly to an attached deck under § 1299.02: “A Building or Structure, for the purpose of an ember-resistant zone, includes an attached deck.”

There are complicated possible topologies for connected fences, which may separate into multiple connected fences, loop back, and connect to neighbors’ fences. The language to regulate these possible configurations is tricky and delicate. We are proposing, below, appropriate wording ff deemed necessary by the Committee, although we oppose this clause.

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Add, after the § 1299.03.b.5. subsection [Fences directly attached…]

However, a Combustible gate or fence, adjacent or attached to a Structure, and all Combustible gates or fences that it connects to, may be treated as a part of such Structure for the purpose of an ember-resistant zone, provided that (a) they terminate, within the property line, in all directions away from the house, into a five-foot (5 ft) non-Combustible span, or an air gap to connecting fences; (b) no part of such gate or fence be made of Combustible material of lesser section than 4”x4” nominal; and (c) the fence or gate be constructed in such a manner that it may not allow the horizontal spread of fire along any part of its length.

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11

Outbuildings in Zones 1 and 2 carrying Zone 0 obligations
Limit cases when Outbuilding are allowed in Zone 0, and add ability to have non-combustible outbuildings in Zone 1 and 2 while carrying a Zone 0 obligation. Note: we are providing here the final version, after our original one was amended by our later report to the Committee on fences.

The following edit is to be treated in conjunction with the previous one regarding Outbuildings in Zone 0.

The purpose for the present edit is to allow the storage of Combustible materials inside a non-Combustible Outbuilding in the case of properties with small lots. The previous edit allowed the use of non-Combustible Outbuildings in Zone 0 provided there was no alternative location in Zone 1 or Zone 2. It is clearly safer to allow the positioning of such Outbuildings in Zone 1 before allowing them in Zone 0.
The edit below allows the use of non-Combustible Outbuildings in Zone 1, under the same conditions as those allowed in Zone 0, and with the requirement for their own Zone 0 surrounding them—-a much less constraining requirement than the default one, which now requires twenty feet (20 ft) of controlled space around the Outbuilding. In the same manner, they would be allowed in Zone 0, with requirement for a Zone 0 but no Zone 1.

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Replace
(1) “Outbuildings” and Liquid Propane Gas (LPG) storage tanks shall have the following minimum clearance: ten feet (10 ft.) of clearance to bare mineral soil and no flammable vegetation for an additional ten feet (10 ft.) around their exterior.

By

(1) “Outbuildings” and Liquid Propane Gas (LPG) storage tanks shall have the following minimum clearance: ten feet (10 ft.) of clearance to bare mineral soil and no flammable vegetation for an additional ten feet (10 ft.) around their exterior.

(A) Exception – Zone 1: An Outbuilding constructed entirely of non-Combustible materials is allowed in Zone 1 without the requirement for such minimum clearance if no feasible alternative location exists in Zone 2 and if its access doors, should they fail during a fire, present no danger to adjacent Structures. Such an Outbuilding shall be considered a Building or Structure for purposes of the ember-resistant zone.

(B) Exception – Zone 2: An Outbuilding constructed entirely of non-Combustible materials is allowed in Zone 2 without the requirement for such minimum clearance if its access doors, should they fail during a fire, present no danger to adjacent Structures. Such an Outbuilding shall be considered a Building or Structure for purposes of the ember-resistant zone, except that no Zone 1 shall be required around this Outbuilding.

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12

Historically Designated Structures
Historically Designated Structures exempted from defensible space obligations must also have designated landscape

The present version of the plead allows exceptions for historically designated structures.

We found a slight problem in the existing wording: in reality, it is only when the landscaping of such historically designated structures is also specifically included in the designation that it should be protected. For instance, the Getty Villa, which requested this change, has a famous garden, which, if properly designated, would be protected under this wording.

Other historically designated structures where the landscape is not significant to the historical designation should be excluded from the present legislation. We propose a slight edit to make this distinction.

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Replace

Historically Designated Structures may be granted exemption from specific
requirements under § 1299.03 by the authority having jurisdiction. Historically
Designated Structures belong to the National Historic Landmarks Program, the National Register for Historic Places, the California Register of Historical Resources, or any of
their successor organizations; alternatively, they may also be the subject of a
preservation ordinance by the local city or county having jurisdiction over them, if this
local community operates a preservation commission.

by

Historically Designated Structures may be granted exemption from specific
requirements under § 1299.03 by the authority having jurisdiction, if the landscaping around the Structure is specifically included as a part of the designation. Historically
Designated Structures belong to the National Historic Landmarks Program, the National Register for Historic Places, the California Register of Historical Resources, or any of
their successor organizations; alternatively, they may also be the subject of a
preservation ordinance by the local city or county having jurisdiction over them, if this
local community operates a preservation commission.